2000 Minnesota Code
Chapters 190 - 195 Military Affairs
Chapter 192A Uniform Code of Military Justice
Section 192A.165 Absent and additional members.
192A.165 Absent and additional members.
Subdivision 1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused, except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
Subd. 2. A general court-martial, other than a general court-martial composed of a military judge only, shall be composed of at least five regular members and one alternate member selected as described for regular members. Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides and such procedure is consented to by the accused and defense counsel. If not consented to, the convening authority may order a new trial.
Subd. 3. A special court-martial, other than a special court-martial consisting of a military judge only, shall be composed of at least three regular members and one alternate member selected as described for regular members. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides and such procedure is consented to by the accused and defense counsel. If not consented to, the convening authority may order a new trial.
Subd. 4. No person is eligible to act as a military judge in a case if that person is the accuser, a witness for the prosecution, a counsel, or has acted as investigating officer in the same case.
HIST: 1963 c 661 s 192A.165; 1978 c 552 s 18; 1986 c 444
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